Tuesday, July 10, 2018

Resources on Nomination of Judge Kavanaugh to Supreme Court

Yesterday evening, President Trump announced that D.C. Circuit Judge Brett Kavanaugh is his nominee to be the next Associate Justice on the U.S. Supreme Court. During his speech in the nomination announcement, Judge Kavanaugh described his judicial philosophy:

Judge Kavanaugh: "My judicial philosophy is straightforward: a judge must be independent and must interpret the law and not make the law. A just must interpret statutes as written, and must interpret the Constitution as written."

In Coalition for Responsible Regulation v. EPA, Judge Kavanaugh argued in dissent from denial
of rehearing en banc that the Obama EPA’s burdensome greenhouse gas regulations
for power plants exceeded its authority and that courts should “not lightly
conclude that Congress intended” to “impose enormous costs on tens of thousands
of American businesses, with corresponding effects on American jobs and
workers.” In a decision authored by
Justice Scalia, the Supreme Court agreed.

In EME Homer City Generation v. EPA, Judge Kavanaugh held
that the Obama EPA’s crossstate air pollution rule was unlawful and imposed excessive
regulatory burdens on the states.

In U.S. Telecom Ass’n v. FCC, Judge Kavanaugh dissented
from denial of rehearing en banc in a case upholding net neutrality. Judge
Kavanaugh argued that the net neutrality rule exceeded the FCC’s authority and
violated the First Amendment, arguing that “the Government must keep its hands
off the editorial decisions of Internet service providers.”

In Emily’s List v. FEC, Judge Kavanaugh struck down FEC
regulations that limited independent political spending by non-profit
organizations, ruling that the regulations violated the First Amendment “right
of citizens to band together and pool their resources . . . in order to express
their views about policy issues and candidates.”

Mandates
Accountability for Independent Agencies

In PHH Corp. v. CFPB, Judge Kavanaugh concluded that the
structure of the CFPB—whose single director wields massive power but cannot be
removed by the President except for cause—impermissibly invades the President’s
power to supervise the Executive Branch. He noted that independent agencies
“pose a significant threat to individual liberty and to the constitutional
system of separation of powers.”

In Free Enterprise Fund v. PCAOB, Judge Kavanaugh
concluded that provisions of the Sarbanes-Oxley Act insulating the PCAOB from
presidential control by making its members removable for cause only by the SEC
violated the Constitution. In a 5-4 opinion written by
Chief Justice Roberts, the Supreme Court agreed.

Personal Details

Judge Kavanaugh is the single most qualified person in the
country to serve on the Supreme Court. His credentials are impeccable. He
currently sits on the D.C. Circuit—the “Second Highest Court in the Land”—and
serves as the Samuel Williston Lecturer in Law at Harvard Law School. He
graduated from Yale Law School and clerked for Justice Kennedy.

Judge Kavanaugh has a proven track record as the type of
jurist that President Trump has promised to put on the Supreme Court. With over
300 published opinions, what you see is what you get: a judge who will apply
the law as written and enforce the text, structure, and original understanding
of the Constitution.

Judge Kavanaugh’s respect for people threatened by
government overreach has demonstrated itself again and again, and he has often
rejected attempts by the federal government to impose onerous regulations on
private citizens.

Judge Kavanaugh is a true “judge’s judge.” He’s a
thought-leader among his peers on the appellate courts and deeply respected by
the Supreme Court. The Supreme Court has endorsed his opinions more than a
dozen times, including Kavanaugh dissents that have become the law of the land.
His opinions are regularly cited by courts across the country. Of his 48
clerks, 39 have gone on to clerk at the Supreme Court. And one of his clerks (Britt
Grant) is even on the President’s list of potential Supreme Court nominees.

Judge Kavanaugh is active in his community. He coaches CYO
(Catholic Youth Organization) basketball, acts as a reader at his church,
serves meals to needy families, and tutors children at local elementary
schools.

I look forward to meeting with Judge Kavanaugh and to the Senate’s fair consideration of his nomination, beginning with the work of Chairman Grassley and the Judiciary Committee. This is an opportunity for Senators to put partisanship aside and consider his legal qualifications with the fairness, respect, and seriousness that a Supreme Court nomination ought to command.

President Trump has made an excellent choice in nominating Judge Kavanaugh to the Supreme Court. He has impressive credentials, and I look forward to meeting with him to further consider his qualifications and commitment to upholding our Constitution as it is written. This nomination is one of the most important items that we will consider this year. I am hopeful that Judge Kavanaugh’s confirmation process will be fair and timely.

The nomination of Judge Brett Kavanaugh to be the next Supreme Court justice is President Trump’s finest hour, his classiest move. Last week the president promised to select “someone with impeccable credentials, great intellect, unbiased judgment, and deep reverence for the laws and Constitution of the United States.” In picking Judge Kavanaugh, he has done just that.

In 2016, I strongly supported Hillary Clinton for president as well as President Barack Obama’s nominee for the Supreme Court, Judge Merrick Garland. But today, with the exception of the current justices and Judge Garland, it is hard to name anyone with judicial credentials as strong as those of Judge Kavanaugh.

The RNLA looks forward to the Senate's careful consideration of Judge Kavanaugh's extensive record and prompt confirmation of this extremely qualified nominee. While the Democrats were engaging in character assassination against the nominee before his name was known, they cannot attack Judge Kavanaugh's impeccable credentials. Follow the RNLA on this blog, Facebook, and Twitter for the latest news and analysis of Judge Kavanaugh's record and nomination.(This post will be updated. Last update: 7/10/2018 at 9:00 AM.)